You have posted that:
-----“Hence she decided to take off. “
Did the lady apply to take off in writing, explaining the reason?
She should have.
Did she inform company regarding sickness due to pregnancy even on phone/
She can quote from it, and keep the phone call bill safely.
-------“HR person called her and informed that she can avail leave and join next batch or she could resign. “
As suggested by HR lady could have applied for leave for sickness during pregnancy.
“A pregnant woman can also request her employer not to give her any work which is of an arduous nature or which involves long hours of standing, etc. during the period of one month immediately preceding the period of six weeks, before the date of her expected delivery…… {Section 4}
“A woman suffering from illness arising out of pregnancy delivery, premature birth of child or miscarriage shall be entitled, in addition to the period of absence allowed to her under the provisions of the Act, to leave with wages at the rate of maternity benefit for a maximum period of one month. {Section 10}”
In other words resignation during sickness due to pregnancy was asked for !!!!!!!!
Asking for resignation may be claimed as deemed termination.
“ When a woman absents herself from work in accordance with the provisions of the Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence. {Section 12}”
“If any employer fails to pay any amount of maternity benefit to a woman entitled under the Act or discharges or dismisses such woman during or on account of her absence from work in accordance with the provisions of the Act, he shall be punishable with imprisonment which shall not be less than three months but which may extend to one year and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees………{Section 21}”
------‘Due to her health issue, she decided to quit TCS and sent resignation email.”
Being aware that she has signed a bond lady could have stated that she has been asked to resign by Mr/Ms……….designation………..dept……….name of company……………….address……………during phone call from company’s phone number………………at employee’s phone number……………on dated……………….at time………..
And thus could have transferred the onus on company.
Thus lady may fine tune her representation to good offices of appointing authority, MD, Chairman, Compnay Secretary, as suitable and deemed fit and try to put the matter on “Shut up Mode” now……………
-------The company has supplied the certified copy of the bond it got signed by the lady or not?
It may be demanded and shown to a competent and experienced labor consultant/service lawyer and based on merits lady may proceed under expert advice of the lawyer.
Since company has not incurred any expense what ground is left for enforcing the bond?
In the meantime you may go thru the attachments.
Valuable advice of learned experts/members is sought.
